Bernalillo Co. Health Care Corp. v. N.M. Pub. Regulation Comm'n

Summary

The New Mexico Supreme Court held that the Commission’s grant of non‑emergency ambulance authority to Rocky Mountain was arbitrary and capricious because the carrier was not fit, willing, or able, and had not complied with applicable safety and financial regulations. The Court also found the fitness issue was not moot after the certificate was purchased by AMR, and while it recognized a substantial public need, that alone could not validate the certificate. Accordingly, the Court vacated the Commission’s order and barred AMR from operating under the transferred authority.